Flashcards in True False Questions pg 263-282 Deck (173)
American law is largely from English law.
In England prior to 1066 the king only dealt with violent crimes.
After 1066, matters that involve non money issues & non criminal issues were handled by the church courts.
The use of a jury in court is a fairly recent thing.
Malpractice is something unique in the United States & had only occurred in the last few hundred years.
Lloyd's of London was originally a bar.
The concept of insurance is to spread the risk over a larger population.
Malpractice has been increasing dramatically in the last 10 years.
A hospital such as Loma Linda hospital is, in the state of California, dealt with like an administrative agency of the California government.
In the US, state or federal governments have 3 branches
The legislative branch of government can appoint heads of the different departments of the executive branch of government.
The constitution specifies a number of different agencies that report to the president & Vice President.
Article 3 of the constitution authorizes the establishment of, specifically, tax courts.
The highest court in the land is the US Supreme Court.
If a state issue is involved such as divorce then the US Supreme Court has no authority to change the supreme courts decision.
If someone trespassed on your land & their injured you have no liability in California.
In a commerical lease, you may still have to pay rent if there is a flood on the property.
In a commercial lease you may still have to pay rent if the heating & cooling system does not work
In a private lease there are covenants that run with the lease so that if the properties is uninhabitable you don't have to pay rent.
If someone takes something of yours & doesn't return it in 2 weeks they may have to pay the full value of the chattel
If you block the front door to someone's house but they can leave out the back door, it is false imprisonment.
If you follow somebody closely but do not bother them, it is not a violation of the stalking laws.
A physical therapist owes a duty to a person who is drowning in a swimming pool if they walk by.
Duty of a physical therapist for professional conduct in treating a patient is best defined in the PT handbook published by the American physical therapy association.
If you are used for malpractice, the duty must meet a local standard & not a national standard.
It is always easy to determine if duty had been breached in a negligence suit & never requires experts.
Duty and breach can be established by establishing negligence per swig a statute has been violated.
In negligence per se, proof the statute must have been created to protect the people for the duty that was breached must be shown.
Negligence can be established under resipsa liquitor if something happens that shouldn't normally happen in a hospital but no one knows who did it.